HomeMy WebLinkAboutPC Res 12-33 - 2012-11-07 RESOLUTION NO. 12-33
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR USE PERMIT 12-5, FOR
THE CONSTRUCTION OF A 17' x 20' SOLID
ROOF PATIO COVER AT 213 15TH STREET, SEAL
BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On September 24, 2012, Gerald and Melody Costello ("the
applicants") submitted an application for Minor Use Permit 12-5. The proposed project
is to construct a 17' x 20' solid roof patio cover within an existing, nonconforming single-
family property. The property is nonconforming due to substandard off street parking
(one single-car garage where two, two-car garages would be required) and lot density
(two dwelling units on a lot where only one unit would be allowed under today's code).
Section 2. Pursuant to Title 14 Calif. Code of Regs. § 15025(a) and
§ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The
application for Minor Use Permit 12-5 is categorically exempt from review pursuant to
the California Environmental Quality Act pursuant to 14 Calif. Code of Regs.
§ 15301(e)(1) (Existing Structures), because the application is for the construction of a
non-habitable architectural feature in conjunction with an existing dwelling.
Section 3. A duly noticed public hearing was held before the Planning
Commission on November 7, 2012 to consider Minor Use Permit 12-5. At the public
hearing, the Planning Commission received into the record all evidence and testimony
provided on this matter.
Section 4. The record of the hearing indicates the following:
(a) On September 24, 2012, the applicants submitted an application for
Minor Use Permit 12-5.
(b) The applicants are requesting to construct a 17' x 20' solid roof
patio cover within an existing, nonconforming single-family property.
(c) The subject property is rectangular in shape with a lot area of
approximately 3,750 square feet. The property is approximately 37'-6" wide by 100'-0"
deep.
(d) The surrounding land uses and zoning are as follows:
NORTH, SOUTH, Single and multi-family dwellings located in the
EAST, & WEST Residential High Density zone (RHD-20).
(f) The Zoning Code allows the requested land use entitlements to
nonconforming properties, through the approval of a Minor Use Permit by the Planning
Commission.
(g) As of November 1, 2012, Planning staff has received one letter in
opposition, in response to the hearing notices that were mailed to residents within a
300' radius of the subject property for the proposed MUP 12-5.
Section 5. Based upon the evidence in the record, including the facts
stated in Section 4 of this resolution and pursuant to Section 11.4.40.015.B of the City's
Code, the Planning Commission hereby finds as follows:
(a) Minor Use Permit 12-5, as conditioned, is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a "High
Density Residential" designation for the subject property and permits single and multi-
family residential uses. The use is also consistent with the remaining elements of the
City's General Plan as the policies of those elements are consistent with, and reflected
in, the Land Use Element. Accordingly, the proposed use is consistent with the General
Plan.
(b) The proposed solid roof patio cover, as conditioned, complies with
the requirements of the Zoning Code applicable to the existing structures, including
height, setbacks, and site coverage.
(c) The proposed solid roof patio cover, as conditioned, is appropriate
for the character and integrity of the surrounding neighborhood and permissible by code
through the issuance of a Minor use Permit.
Section 6. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 12-5, subject to the following conditions:
1. Minor Use Permit 12-5 is approved for the construction of an attached, 17'x20' solid
roof patio cover at 213 15th Street, Seal Beach.
2. All construction shall be in substantial compliance with the plans submitted for Minor
Use Permit 12-5. All new construction shall comply with all applicable sections of
the City's Zoning Code.
3. The existing single-car garage shall remain free and clear of all obstructions that
would preclude the parking of a vehicle inside the garage and shall remain available
for vehicle parking at all times.
4. Building permits shall be obtained for all new construction requiring such permits.
5. This Minor Use Permit shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed by the applicant in the presence of
the Director of Development Services, or notarized and returned to the Planning
Department; and until the ten (10) day appeal period has elapsed.
6. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of the
rights granted herein, and any and all claims, lawsuits or actions arising from the
granting of or the exercise of the rights permitted by this Height Variation, and from
any and all claims and losses occurring or resulting to any person, firm, corporation
or property for damage, injury or death arising out of or connected with the
performance of the use permitted hereby. Applicant's obligation to indemnify,
defend and hold harmless the City as stated herein shall include, but not be limited
to, paying all fees and costs incurred by legal counsel of the City's choice in
representing the City in connection with any such claims, losses, lawsuits or actions,
expert witness fees, and any award of damages, judgments, verdicts, court costs or
attorneys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 147 day of Na■/ , 2012
by the following vote:
AYES: Commissioners CA-4.1V1W1t 's, 00)401) 4.4%/04„/„f Mow,'1✓rtt'
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners ���Sp1�
S ndra Massa-Lavitt, Chairwoman
• Planning Commission
Greg Hastings
Acting Secretary - Planning Commission